The Supreme Court has announced that the petitions challenging the Waqf law will be heard on May 15. The case will be taken up by a bench led by Justice BR Gavai, who is set to become the next Chief Justice of India on May 14. This decision was made public by Chief Justice of India (CJI) Sanjiv Khanna, who will retire on May 13. CJI Khanna said that the matter would need a lengthy hearing before an interim order is passed, making it clear that this will not be his responsibility. The matter will be moved to Justice Gavai's bench for further hearing.

In the previous hearing, the Centre assured the Supreme Court that it would pause two important aspects of the Waqf law after concerns were raised by the bench. These include provisions related to the 'waqf by user' and the appointment of non-Muslim members to the Central Waqf Council and state Waqf boards.

What happened in the last hearing?

At the beginning of the previous hearing, CJI Khanna made it clear that he would not reserve any judgment at this stage. He said, "We have gone through the counter and rejoinder. Yes, some points have been raised on registration, and some figures that are disputed by petitioners. It needs to be dealt with." The CJI added that he would not issue any judgment or order, even in the interim phase, as this matter needed a fair hearing. "It will not be before me. We will post it before the bench of Justice (BR) Gavai on Thursday," CJI Khanna said.

Solicitor General Tushar Mehta, representing the Centre, expressed that he would have liked CJI Khanna to continue pursuing the case. "Justice found a quick way to get rid of us," said Abhishek Singhvi, representing the petitioners.

During the last hearing, the Centre assured the court that it would not denotify Waqf properties, including the 'waqf by user' provision, nor make any appointments to the Central Waqf Council and boards. As a result, the nature of Waqf properties cannot be changed for now. The 'waqf by user' provision allows a property to be considered waqf based on its long-term use for religious purposes, even without formal documentation.

Another provision paused by the Centre is the appointment of non-Muslim members to the Central Waqf Council and state Waqf Boards, which had raised concerns among some sections of the Muslim community. These provisions, according to critics, could lead to the government encroaching on religious properties.

Centre’s defence of the Waqf law

In its affidavit on April 25, the Centre defended the Waqf law, stating that it does not affect religious practices and leaves matters of faith and worship untouched. The Centre opposed the idea of a "blanket stay" by the court, warning that any interference by the judiciary could lead to a "legislative regime by judicial order".

The Centre also flagged concerns about the misuse of Waqf provisions, which it claims are being used to encroach on private and government properties. However, the government stated that removing the 'waqf by user' provision would not affect registered waqf properties that have been in use for years.

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